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The National Assembly (NA) today passed the Defence Amendment Bill which amends the Defence Act of 2002 (Act No. 42 of 2002) to ensure compliance with a ruling of the Constitutional Court.

The amendments provide for the exclusion of military judges and senior military judges from being subject to boards of inquiry and make provision for matters incidental thereto.

In its judgment, the Constitutional Court found that sections 101 and 102 of the Defence Act are unconstitutional to the extent that they permit members of the Executive to establish boards of inquiry to investigate military judges and the content of their judicial decisions. The Court held that such powers undermine the separation of powers and threaten judicial independence.

The Court further declared section 15 of the Military Discipline Supplementary Measures Act (MDSMA) unconstitutional because it allows military judges to be appointed on short, renewable terms. The Court found that renewable appointments do not provide sufficient security of tenure and may compromise judicial independence.

In addition, section 17 of the MDSMA was declared unconstitutional because it permits the Minister, acting on the recommendation of the Adjutant General, to remove military judges without an independent inquiry. The Court held that judicial officers must be protected from Executive-controlled removal processes.

The Defence Amendment Bill was introduced in Parliament on 20 November 2025 and subsequently referred to the Portfolio Committee on Defence and Military Veterans for consideration.

In line with section 59 of the Constitution, which requires the National Assembly to facilitate public involvement in its legislative processes, the Committee undertook extensive public participation process on the Bill. It was advertised on Parliament’s website, social media platforms and in national newspapers, inviting interested individuals, organisations, academic institutions and other stakeholders to submit written comments.

The Committee considered the submissions received and deliberated on the provisions of the Bill. Following its deliberations, the Committee adopted the Bill without amendments on 25 March 2026 and recommended that the National Assembly approve the legislation.

The Bill will now be referred to the National Council of Provinces for concurrence.

Issued. by Parliament